P.Kaveriammal vs 3 The Inspector Of Police
2021 Latest Caselaw 98 Mad

                                                                                Crl.O.P.No.19998 of 2020

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 04.01.2021

                                                                CORAM

                                   THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                                  Crl.O.P. No.19998 of 2020

                     P.KAVERIAMMAL                                         ..      Petitioner

                                                             .vs.

                     1         STATE REP. BY
                               THE COMMISSIONER OF POLICE
                               GREATER CHENNAI CITY POLICE
                               VEPERY, CHENNAI-600 007.

                     2         DEPUTY COMMISSIONER OF POLICE
                               PULIANTHOPE POLICE DISTRICT
                               OTTERI , CHENNAI- 600 012.

                     3         THE INSPECTOR OF POLICE
                               K-5, PERAVALLUR POLICE STATION
                               CHENNAI-600 082.                            ..      Respondents


                               This Criminal Original Petition is filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 3rd respondent to register
                     the F.I.R on the basis of the complaint dated 02/12/2020 pending
                     before him.




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                        Crl.O.P.No.19998 of 2020

                                    For Petitioner        : Mr.F.Wellington

                                    For Respondents       : Mr.M.Mohamed Riyaz
                                                           Additional Public Prosecutor


                                                       ORDER

This petition has been filed to direct the 3rd respondent to

register the F.I.R on the basis of the complaint dated 02/12/2020

pending before him.

2. Heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor appearing on behalf of the

respondents.

3. This petition is not maintainable, in view of the Order

passed by a Division Bench of this Court in G.Prabhakaran v. The

Superintendent of Police, Thanjavur reported in (2018) 2 LW Crl

489. The Hon'ble Supreme Court in its latest judgment rendered by

a three Judge Bench in M. Subramaniam v. S. Janaki reported in

(2020) 5 CTC 464, after relying upon Sakiri Vasu Case, has

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19998 of 2020

categorically held that the High Court cannot issue any direction for

registration of FIR in exercise of its jurisdiction under Section 482 of

Cr.P.C. The Hon'ble Supreme Court held that the informant has to

necessarily avail of the alternative remedy provided under Section

154 (3) of Cr.P.C., and Section 156 (3) of Cr.P.C. Liberty is given to

the petitioner to workout his remedy as per the directions issued by

the Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

04.01.2021 mra Speaking/Non-speaking order Index : Yes/No Internet : Yes/No

To

1. THE COMMISSIONER OF POLICE GREATER CHENNAI CITY POLICE VEPERY, CHENNAI-600 007.

2 DEPUTY COMMISSIONER OF POLICE PULIANTHOPE POLICE DISTRICT OTTERI , CHENNAI- 600 012.

N. ANAND VENKATESH,. J.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19998 of 2020

mra

3 THE INSPECTOR OF POLICE K-5, PERAVALLUR POLICE STATION CHENNAI-600 082.

4. THE PUBLIC PROSECUTOR HIGH COURT OF MADRAS MADRAS.

Crl.O.P. No.19998 of 2020

04.01.2021

https://www.mhc.tn.gov.in/judis/